Dart v. Craigslist, Inc.

[2] From January 2007 through November 2008, Sheriff Dart's department expended 3,120 man hours and approximately $105,081 investigating postings which appeared to be offers for prostitution on the "erotic services" section of the Craigslist website.

[3] The police arrested 156 people in association with their activity on the erotic services section of Craigslist during this period.

"[5] Sheriff Dart filed suit against Craigslist on March 5, 2009, alleging that its erotic services section was a public nuisance because it facilitated prostitution.

[6] Craigslist moved for judgment on the pleadings, contending that it was immune from liability pursuant to Section 230(c) of the Communications Decency Act.

[3] The court further noted that "intermediaries are not culpable for 'aiding and abetting' their customers who misuse their services to commit unlawful acts.

[3] The court concluded that "Section 230(c)(1) would serve little if any purpose if companies like Craigslist were found liable under state law for 'causing' or 'inducing' users to post unlawful content in this fashion.

"As Congress has recognized, if an Internet proprietor had to police every posting that a third party put up, the cost would be enormous – and it would likely stifle communications.